![]() The method for applying for financial assistance.The basis for calculating amounts charged to patients.The eligibility criteria for financial assistance and whether such assistance includes free or discounted care.Apply to all emergency and other medically necessary care provided by the hospital facility, including all such care provided in the hospital facility by a substantially-related entity.Section1.501(r)-4 specifies that a hospital facility’s FAP must: Accordingly, for years beginning on or after that date, a hospital facility must establish a FAP that satisfies the regulatory requirements. The final regulations under Section 501(r) became effective on December 29, 2015. Section1.501(r)-4(a) provides that a hospital organization meets the requirements of Section 501(r)(4) with respect to a hospital facility it operates only if the hospital organization establishes, in part, a written FAP for that hospital facility and also that a hospital’s FAP applies to, at a minimum, all emergency and medically necessary care provided by the hospital and substantially related entities that meets certain requirements. ![]() Other requirements are addressed in separate Snapshots and the final version of the Treasury Regulations should be referenced when reviewing whether a facility meets the requirements of Section501(r)(4). Analysis BackgroundĪ hospital organization must meet the requirements of Section 501(r) to be exempt under Section 501(c)(3).įor purposes of this Snapshot, we will be addressing some of the Financial Assistance Policy (FAP) requirements under Section 501(r)(4). 9-06), Information Document Request, IRC Section 501(r)(4)(A): Financial Assistance Policy. Internal Revenue Service, Tax Exempt Hospitals: The Community Benefit Standard and Affordable Care Act under IRC Section 501(r), Training 62791-002 (06-2016), Catalog Number 68952P. Internal Revenue Service, Requirements for 501(c)(3) Hospitals Under the Affordable Care Act – Section 501(r). This notice clarifies how a charitable hospital organization may comply with the requirement in the final regulations that a hospital facility include a provider list in its financial assistance policy (FAP). Notice 2015-46 – Clarifications to the Requirement in the Treasury Regulations Under Section 501(r)(4) that a Hospital Facility’s Financial Assistance Policy Include a List of Providers. The preamble to the final regulations is an important resource for the interpretation of section 501(r). TD 9708, 79 FR 78954, TD 9708, final regulations that provide guidance regarding the requirements for charitable hospital organizations added by the Patient Protection and Affordable Care Act of 2010. Section 501(r) applies to tax years beginning after March 23, 2010. 119 (2010)), enacted Section 501(r), which imposes additional requirements on tax-exempt 501(c)(3) organizations operating one or more hospital facilities. Section 9007(a) of the Patient Protection and Affordable Care Act (PPACA), Public Law 111-148 (124 Stat. Regulation Section1.501(r)-4- Financial assistance policy and emergency medical care policy Resources (Court Cases, Chief Counsel Advice, Revenue Rulings, Internal Resources) Regulation Section1.501(r)-1 - Definitions IRC Section 501(r)(4)-Financial assistance policy Financial assistance includes free or discounted health services provided to persons who meet the organization’s criteria for financial assistance and are unable to pay for all or a portion of the services. This web page is intended to address the financial assistance available to patients and how patients may go about applying for such assistance. Section 501(r)(4) of the Internal Revenue Code (IRC) requires a tax-exempt hospital organization to establish a written financial assistance policy (FAP).
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